We re-evaluated our methodology while analyzing the Kingston and Bellmar development projects in Lee and Collier Counties. We hired a statistician who found the methods we used oversimplified the issue and inaccurately correlated vehicle strikes on panthers with the increased traffic from new housing developments. It also incorrectly assumed that building these subdivisions would be the only cause for increased traffic in these areas. Previous methods overlooked critical factors such as the size of the panther population, panther distribution and behavior, vehicle speed, and overall traffic volume.

Statistical analysis revealed no direct correlation between increased traffic and vehicle strikes. Instead, more traffic can lead to congestion, noise, and slower speeds, which panthers tend to avoid. As the panther population grows, vehicle strikes may increase, but not directly due to traffic volume. Additionally, developments take many years to complete, and the traffic increases are gradual. As human activities and traffic increase, many wildlife species acclimate to the changes and alter their behavior to avoid these areas.

The re-evaluation revealed significant uncertainty in both the causes of take from vehicle strikes and the amount of take. Flaws in the previous method led to unrealistic predictions, such as the Kingston project estimating 3 to 24 panther vehicle deaths a year. This uncertainty made the predictions unsuitable for informing decisions about the source, quantification, and attribution of take. Accordingly, after consideration of the best available scientific and commercial information, the Service concluded that panther vehicle deaths should more appropriately be considered part of the species baseline and considered a cumulative effect of development projects. This will allow us to ensure that this threat is properly considered when making our determinations about whether an action is likely to jeopardize a species but will not result in the attribution of incidental take from vehicle strikes that is not reasonably certain to occur as a result of this project.

The study found that individual drivers and road designers have the most influence on panther vehicle mortality. Drivers determine how fast they drive, if they are distracted, how vigilant they are, and whether they are driving in an area where panthers occur. Road designers can include fencing to exclude wildlife, install crossings, ensure the road is well-lit and vegetation is cleared from road margins, set speed limits, and remove obstructions and curves that could limit a driver’s ability to see and avoid wildlife on the road.

We will incorporate qualitative data based on what we know about the panther population, availability of habitat, and existing or proposed crossing locations in our assessment of the Florida panther’s baseline and may consider increased traffic/panther strikes as cumulative effects. Outside of building a new road, we do not have information to determine with reasonable certainty that increased traffic/panther strikes are the result of any particular development. We will focus on where we can reduce impacts from traffic through road design and work with partners to ameliorate the risks to panthers.

Our rules require us to decide if a consequence is an “effect of the action” as defined in 50 CFR 402.02. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur but for the action. The best available science does not allow us to determine panther deaths from vehicle strikes are an “effect of the action” resulting from specific land development projects. Accordingly, we cannot attribute take related to panther vehicle strikes to these projects. However, increased traffic and any mortalities from vehicle strikes would be considered in our analysis as part of the environmental baseline and cumulative effects and will be factored into our decisions as to whether the project is likely to cause jeopardy or adversely modify critical habitat. 

Road builders can design features to minimize impacts to panthers and other wildlife by installing fencing and wildlife crossings, setting speed limits, improving visibility, and conducting education and outreach. The Florida Department of Transportation collaborates with stakeholders to identify high-risk road segments and has developed a Florida panther conservation plan. 

The Service collaborates with local and county governments, the Florida Department of Transportation, and other stakeholders to educate drivers and fund projects that help panthers safely navigate roadways. Florida Department of Transportation and financial contributions from developers assist in planning or installing crossings built by various entities.
In July 2024, we signed an agreement with the Fish and Wildlife Foundation of Florida. The Foundation collects contributions from developers to support panther recovery efforts, which include acquiring land, monitoring the panther population, and planning and installing wildlife crossings.

The ESA section 7(a)(2) requires federal agencies to consult with the Service if activities they fund, authorize, or carry out may impact listed species. During this consultation, the Service can make recommendations or apply terms and conditions to minimize an adverse effect. A federal permit is not required for projects that do not use federal funding or affect wetlands. Most of these projects are small, isolated developments on 5 to 10-acre lots, which increase the risk of panther vehicle mortality without providing any mitigating efforts or conservation benefits. 

For projects that do not involve a federal agency, Section 10 of the ESA can be used so that landowners or project proponents can apply for an Incidental Take Permit if their project cannot avoid harm to listed species. Incidental Take Permits are issued if the applicant completes a Habitat Conservation Plan that demonstrates how they will avoid or minimize any impacts to the maximum extent practicable.

Private landowners have the right to decide how to use their land, subject to state and local regulations. The Service often works with developers, state agencies, and conservation groups to find a balance between development and habitat protection. Cooperation can lead to solutions that satisfy both conservation goals and development plans. The Service has authority to work with landowners and other federal agencies to ensure the project does not cause “jeopardy” for the species, and it is rare for an individual project to cause jeopardy.

The Service collaborates with local and county governments, the Florida Department of Transportation, and other stakeholders to educate drivers and fund projects that help panthers safely navigate roadways. Florida Department of Transportation and financial contributions from developers assist in planning or installing crossings built by various entities.

In July 2024, we signed an agreement with the Fish and Wildlife Foundation of Florida. The Foundation collects contributions from developers to support panther recovery efforts, which include acquiring land, monitoring the panther population, and planning and installing wildlife crossings.